Unfair dismissal back pay is a key claim for employees whose termination turns out to be invalid. A recent ruling by the Erfurt Labor Court shows how a nurse secured wages for 15 months after a successful unfair dismissal claim. The case demonstrates that employees can enforce their entitlements even after dismissal — if they take the right steps.
What Is Back Pay for Acceptance Delay and When Does It Apply?
Back pay for acceptance delay (Annahmeverzugsvergütung) is the wage an employer must pay when they refuse to accept the employee’s work performance, even though the employee is willing and able to work. This claim is governed by Section 615 of the German Civil Code (BGB). In simple terms: if the employer terminates unlawfully but the employee remains ready to work, the employer falls into “acceptance delay” — they must continue paying wages even though they do not actually accept the work.
The claim covers the entire period during which the employee offers their work and the employer refuses it. The employee does not need to physically show up every single day. It is sufficient if they explicitly offer their labor or do so through their conduct. In practice, it is often enough if the employee continues to report for work after receiving the notice or declares in writing that they are ready to perform.
This wage claim is not a gift but a statutory safeguard. It protects employees from losing their income due to an invalid termination, even though they want to work. The Erfurt Labor Court confirmed this exact claim in its judgment of June 12, 2026 (Case No. 4 Ca 639/26).
The Case: Nurse Receives Wages After Invalid Termination
In the underlying case, the claimant worked as a nurse for the defendants — 20 hours per week at an hourly rate of €24.86. He also held a full-time position with another company. On March 25, 2024, the employer issued an extraordinary termination. The claimant fought back with an unfair dismissal claim, initially filed at the Erfurt Labor Court under Case No. 5 Ca 196/24.
The unfair dismissal proceedings ended with a final judgment on February 19, 2025: the termination was invalid, and the employment relationship continued. The judgment was served on the claimant on March 4, 2025, and on the defendants on March 8, 2025. The employment relationship ultimately ended not through the termination but through the claimant’s own resignation effective June 30, 2025.
For the period from April 1, 2024, to June 30, 2025, the claimant demanded his wages — a total of €7,458.00 gross. The labor court upheld the claim in full. The defendants were ordered to pay the back pay for acceptance delay plus interest. The employer’s counterclaim, demanding disclosure of job-seeking efforts, was dismissed.
Prerequisites for a Wage Claim During Acceptance Delay
Several conditions must be met for a wage claim during acceptance delay to arise. First, the employment relationship must actually continue — meaning the termination must be invalid. In the Erfurt case, this was established by the final judgment in the unfair dismissal proceedings. Without such a determination, there is usually no claim, because a validly terminated employment relationship ends with the termination.
A further requirement is that the employee has offered their work performance. The offer can be explicit, such as a written declaration, or implicit, by reporting for work. In many cases, it is enough if the employee continues working after receiving the notice or contacts the employer. In the Erfurt case, the claimant apparently offered his labor, though the details are not public.
The employee must also be willing and able to work. They must not have resigned themselves or be prevented from working through their own fault. In addition, they are generally obliged to seek alternative employment to mitigate the employer’s loss. This duty is anchored in Section 615 BGB. The employee must therefore actively look for a new job if they demand wages after an invalid termination. In the Erfurt case, the claimant stated that he had not sought placement offers or attempted to take up alternative marginal employment. The court nevertheless awarded the full back pay — apparently because alternative employment alongside his existing full-time job was unreasonable or the court found no breach of the mitigation duty.
How Is the Amount of Back Pay Calculated?
The amount of back pay for acceptance delay is based on the wage the employee would have earned without the termination. The decisive factor is the agreed remuneration — the gross wage due for the acceptance delay period. In the Erfurt case, the hourly rate was €24.86 at 20 hours per week. This yields a monthly gross wage of approximately €2,150 (€24.86 × 20 hours × 4.33 weeks). For 15 months, this amounts to roughly €7,458 — the sum awarded by the court.
The calculation is therefore based on the contractually agreed gross wage, not the net amount actually paid out. The employer must pay the full gross wage, while deducting and remitting statutory deductions (taxes, social security contributions). The employee receives the net amount, but the claim exists for the gross figure.
It is important not to confuse the acceptance delay claim with severance pay. Severance is a one-time payment for the loss of the job, while back pay covers ongoing wages for the acceptance delay period. Both can coexist if the employee continues working after an invalid termination and later receives severance in a settlement. Learn more about severance in our article Severance Pay After Termination.
What the Ruling Means for Affected Employees
The Erfurt Labor Court’s judgment is a positive signal for employees whose termination is invalid. It shows that courts take the claim for unfair dismissal back pay seriously and award it even when the employee cannot prove intensive efforts to find alternative work — at least when such work would be unreasonable alongside an existing full-time job.
For employees, this means: if you want to keep working after a termination, do not hesitate to offer your labor and file an unfair dismissal claim. The deadline is three weeks from receipt of the notice. If the claim is not filed in time, the termination is deemed valid — and the claim for unfair dismissal back pay usually lapses. More details on timely filing can be found in our guide to the Unfair Dismissal Claim.
At the same time, employees should be aware that they are generally obliged to seek alternative employment. Anyone who completely fails to do so risks having the back pay reduced. However, courts do not apply this duty excessively strictly, as the Erfurt case shows. What matters is that the employee is willing to work and offers their labor.
Securing Your Claims: Deadlines and Steps to Take
If you receive a termination notice, act quickly to protect your claims. The most important deadline is the three-week period for the unfair dismissal claim. It starts when the notice is received and ends on the same weekday three weeks later. Missing this deadline means the termination is presumed valid under Section 4 KSchG — a later claim has little prospect of success. Our Checklist for the First Days After Termination helps you stay on track.
Besides filing the claim, you should offer your labor in writing. A simple letter stating that you are ready to perform your duties is sufficient. Keep a copy. This offer is crucial to establish the employer’s acceptance delay. Without it, the employer could argue you never wanted to work.
Document all efforts to find alternative employment — even if you are not required to apply for every vacancy. Should the employer later argue you did not try hard enough, you can counter with your records. In the Erfurt case this was not demanded, but it is always safer to be prepared.
If you are unsure whether your termination is valid, seek advice early. A certified specialist lawyer for employment law can assess your prospects and file the claim on time. The costs can be recovered from the employer if you win — and there are also solutions for financing the proceedings, such as litigation funding.
Litigation Funding: Who Bears the Costs of a Lawsuit?
An unfair dismissal claim can become expensive, especially if it goes through multiple instances. Lawyer and court fees are based on the amount in dispute, which in turn depends on the claimed sum. In the Erfurt case, the amount in dispute was €7,458 — costs would be manageable, but at higher amounts they can quickly reach five figures.
Many employees therefore hesitate to sue, even with good prospects. This is where litigation funding comes in. A litigation funder like RechtStark covers the procedural costs — lawyer and court fees — and assumes the risk. If the claim succeeds, the funder receives a share of the recovered amount. If it fails, the funder bears the costs; the employee owes nothing.
Litigation funding is particularly useful when you are out of work after a termination and cannot afford the financial risk of a lawsuit. It enables you to enforce your rights without putting your own finances on the line. RechtStark assesses your chances of success and takes on the funding if the claim has sufficient prospects.
If you do not want to give up after a termination but want to enforce your claims, litigation funding is a good option. Inform yourself early about your possibilities — and act fast, because the deadlines are running.
The Erfurt Labor Court ruling shows that employees do not have to walk away empty-handed after an invalid termination. Unfair dismissal back pay secures wages for the acceptance delay period — and with the right strategy, you can enforce this claim. Do not be discouraged; fight for your rights. They are worth it.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.